Raad v VM & KTP Holdings Pty Ltd as Trustee for VM & KTP Nguyen Family Trust [2017] NSWCA 190

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Raad v VM & KTP Holdings Pty Ltd as Trustee for VM & KTP Nguyen Family Trust [2017] NSWCA 190 Hearing dates: 13 June 2017 Decision date: 01 August 2017 Before: Macfarlan JA at [1]; Simpson JA at [47]; Sackville AJA at [48] Decision: (1) The appeal and application for leave to cross-appeal are dismissed. (2) No order for costs of either the appeal or application for leave to cross-appeal. Catchwords: NEGLIGENCE – occupier's liability – slip and fall accident on a tiled area in shopping village - duty to take reasonable care so that premises safe for users taking reasonable care for their own safety – foreseeable users included those who may be inattentive or careless, and those proceeding above a normal pace when tiles were wet – reasonable person in the respondent's position would have taken reasonable steps to reduce the significant risk of such persons slipping and falling

NEGLIGENCE – occupier's liability – damages – whether there was a causal connection between claimed damages and actionable conduct Legislation Cited: Civil Liability Act 2002 (NSW), s 5D(1) Cases Cited: Ghantous v Hawkesbury City Council (2001) 206 CLR 512; [2001] HCA 29 House v R (1936) 55 CLR 499; [1936] HCA 40 Neindorf v Junkovic (2005) 80 ALJR 341; [2005] HCA 75 Podrebersek v Australian Iron & Steel Pty Limited [1985] HCA 34; (1985) 59 ALJR 492 Ratewave Pty Limited v BJ Illingby [2017] NSWCA 103 Roads and Traffic Authority of New South Wales v Dederer (2007) 234 CLR 330; [2007] HCA 42 Thompson v Woolworths (Q'land) Pty Ltimited (2005) 221 CLR 234; [2005] HCA 19 Webb v South Australia (1982) 56 ALJR 912 Category: Principal judgment Parties: Abdul Raad (Appellant) VM & KTP Holdings Pty Ltd as Trustee for VM & KTP Nguyen Family Trust (Respondent) Representation: Counsel: B J Gross QC / V Jurisich (Appellant) R A Cavanagh SC / R Gambi (Respondent)